This is not legal advice for your situation*

Indiana Closing Documents Notice and Disclosure Requirements Fail to Make Final Cut

We've received a number of inquiries regarding Indiana Senate Bill 62 (SB 62), which became effective on July 1, 2008.  An early (not final) version of SB 62 included a requirement that a lender provide, together with the good faith estimates required under RESPA, a notice to the applicant stating that the applicant had the right (which could be waived) to receive the closing documents with respect to the loan at least 48 hours prior to closing.  If the loan terms presented at closing differed from the loan terms presented in the earlier provided documents, then the prospective borrower was entitled to delay or reschedule the closing without penalty and without forfeiting the right to enter into the loan.  Civil penalties of $25 per incident could also be assessed.  Please note that the final, enrolled version of SB 62 deleted in their entirety these closing documents notice and disclosure provisions; in its final form, SB 62 deals strictly with Indiana's foreclosure sale requirements.  To view a copy of the entire legislative history of SB 62, please visit here.




*This article is distributed to provide general information about the subject matter covered and should not be utilized as a substitute for professional advice in specific situations. If you require such advice, please consult with your own professional advisers.